D2H ACUMEN END USER LICENSE AGREEMENT ("AGREEMENT")
===================================================
This document was last updated 14th January 2025.
Please read this document carefully before clicking the agree button or using Acumen or Acumen Assistant.
INTERPRETATION
==============
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
DEFINITIONS
===========
For the purposes of this End User License Agreement:
- "Agreement" means this End User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
- "Application" means the software program and system provided by the Company, named Acumen, including the accompanying installable, named Acumen Assistant.
- "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to D2H Advanced Technologies Limited.
- "Content" refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- "Country" refers to the United Kingdom.
- "Device" means any device that can access the Application such as a computer, a mobile phone or a digital tablet.
- "Third Party Services" means any services or content (including data, information, applications and other products or services) provided by a third party that may be displayed, included or made available by the Application.
- "You" means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
ACKNOWLEDGEMENT
===============
By clicking the agree button, or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the agree button, and do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
LICENSE
=======
Scope of License
----------------
The Company grants You a revocable, non-exclusive, non-transferable, limited license to install, if applicable, and use the Application strictly in accordance with the terms of this Agreement.
You may only use the Application on a Device that You own or control.
License Restrictions
--------------------
You agree not to, and You will not permit others to:
- license, sell, rent, copy, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.
- exceed the limit of 1 concurrent session per allocated user, while using the Application.
- exceed the number of users of the Application that has been allocated.
- install or run the Application on more Devices than have been allocated.
- share Application user credentials.
- modify, translate, reverse engineer, decompile or disassemble the Application (except to the extent applicable laws specifically prohibit such restriction).
- create derivative works based on the Application.
INTELLECTUAL PROPERTY
=====================
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company shall be solely responsible for the investigation, defence, settlement and discharge of any claim that the Application or your use of it infringes any third-party intellectual property rights.
DATA PROTECTION AND PRIVACY POLICY
==================================
Information Collected
---------------------
We collect personal information that you voluntarily provide to us when you register on the Application and when you participate in activities on the Application.
The personal information that we collect depends on the context of your interactions with us and the Application, the choices you make, and the products and features you use. The personal information we collect may include the following:
- Title and full name.
- Email address.
- Contact telephone number(s).
- Address(es).
- Services purchased.
- History of services including dates and charges.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information, specifically:
- Name of Your company.
- Contact email for Your company.
- Contact name for Your company.
- User's email address.
- User's name.
Information Automatically Collected
-----------------------------------
We automatically collect certain information when you visit, use, or navigate the Application. This information does not necessarily reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Application, and other technical information. This information is primarily needed to maintain the security and operation of our Application, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies used in the Application.
The information we collect includes:
- Log and Usage Data. This is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Application and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, settings and information about your activity in the Application (such as the date/time stamps associated with your usage), and device event information (such as system activity, error reports, and hardware settings).
- Device data. On installation of the Application, where applicable, a machine ID will be obtained from the the Device on which the installer is run.
Processing Information
----------------------
We process your personal information for a variety of reasons, depending on how you interact with our Application, including:
- to facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.
- to deliver and facilitate delivery of the Application to the user. We may process your information to provide you with the requested service or the Application.
- to respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
- to request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Application.
- to protect our Application. We may process your information as part of our efforts to keep our Application safe and secure, including fraud monitoring and prevention.
- to identify usage trends. We may process information about how you use our Application to better understand how they are being used so we can improve them.
- to determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you.
UK GDPR
-------
The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on to process your personal information. As such, we may rely on the following legal bases to process your personal information:
- Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time.
- Performance of a contract. We may process your personal information when we believe it is necessary to fulfil our contractual obligations to you, including providing our Application at your request prior to entering into a contract with you.
- Legitimate Interests. We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to:
- develop and display personalized and relevant advertising content for our users.
- analyse how our services are used so we can improve them to engage and retain users.
- support our marketing activities.
- diagnose problems and/or prevent fraudulent activities.
- understand how our users use our products and services so we can improve user experience.
- Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
In legal terms, we are generally the "data controller" under UK data protection laws of the personal information described in this privacy notice, since we determine the means and/or purposes of the data processing we perform. This privacy notice does not apply to the personal information we process as a "data processor" on behalf of our customers.
Sharing Personal Information
----------------------------
Your data may be visible to Third Party Service providers, vendors, contractors, or agents ("Third Parties") who perform services for us or on our behalf and require access to such information to do that work.
Cookies and other Tracking Technologies
---------------------------------------
Our Application uses certain cookies, pixels, beacons, log files and other technologies of which you should be aware. Please see our cookie policy to find out more about the cookies we use and how to manage and delete cookies.
Most Web browsers are set to accept cookies by default. If you prefer, you can choose to set your browser to remove and/or reject cookies. If you choose to remove or reject cookies, this could affect certain features or services of our Application.
Data Retention Policy
---------------------
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
Information Safety
------------------
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Application is at your own risk. You should only access the Application within a secure environment.
Your Privacy Rights
-------------------
You have certain rights under applicable data protection laws. These may include the right:
- to request access and obtain a copy of your personal information.
- to request rectification or erasure.
- to restrict the processing of your personal information.
- if applicable, to data portability.
In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section "Contact Us".
We will consider and act upon any request in accordance with applicable data protection laws.
If you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details at
https://ico.org.uk/make-a-complaint/data-protection-complaints/.
If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section "Contact Us". When withdrawing your consent, you forfeit the remaining term of the license.
If you would at any time like to review or change the information in your account or terminate your account, you can contact us by using the details provided in the section "Contact Us".
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.
Do Not Track features
---------------------
Most web browsers and some mobile operating systems and mobile applications include a Do Not Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
Review, Update, or Deletion of Data
-----------------------------------
You have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please contact us by using the contact details provided in the section "Contact Us".
MODIFICATIONS TO THE APPLICATION
================================
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
UPDATES TO THE APPLICATION
==========================
The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to:
- provide any updates.
- continue to provide or enable any particular features and/or functionalities of the Application to You.
You further agree that all updates or any other modifications will be:
- deemed to constitute an integral part of the Application
- subject to the terms and conditions of this Agreement.
MAINTENANCE AND SUPPORT
=======================
Maintenance and support may be stipulated in a separate contract, outside the conditions within this Agreement. However, this Agreement does not provide any maintenance or support for the use of the Application. To the extent that any maintenance or support is required by applicable law, the Company shall be obligated to furnish any such maintenance or support.
THIRD PARTY SERVICES
====================
The Application may display, include or make available Third Party content (including data, information, applications and other products services) or provide links to Third Party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third Party Services.
The following Third Party packages are used by the Application. Their license terms are linked here for Your convenience.
- altgraph
https://github.com/ronaldoussoren/altgraph/blob/master/license
- asgiref
https://github.com/django/asgiref/blob/main/license
- certifi
https://github.com/certifi/python-certifi/blob/master/license
- charset-normalizer
https://github.com/jawah/charset_normalizer/blob/master/license
- colorama
https://github.com/tartley/colorama/blob/master/license.txt
- django
https://github.com/django/django/blob/main/license
- django-csp
https://github.com/mozilla/django-csp/blob/main/license
- django-formtools
https://github.com/jazzband/django-formtools/blob/master/license
- django-otp
https://github.com/django-otp/django-otp/blob/master/license
- django-phonenumber-field
https://github.com/stefanfoulis/django-phonenumber-field/blob/main/license
- django-two-factor-auth
https://github.com/jazzband/django-two-factor-auth/blob/master/license
- django-widget-tweaks
https://github.com/jazzband/django-widget-tweaks/blob/master/license
- djangorestframework
https://github.com/encode/django-rest-framework/blob/master/license.md
- gunicorn
https://github.com/benoitc/gunicorn/blob/master/license
- httpsig
https://github.com/go-fed/httpsig/blob/master/license
- idna
https://github.com/kjd/idna/blob/master/license.md
- jinja2
https://github.com/pallets/jinja/blob/main/LICENSE.txt
- markupsafe
https://github.com/pallets/markupsafe/blob/main/LICENSE.txt
- packaging
https://github.com/pypa/packaging/blob/main/license
- pefile
https://github.com/erocarrera/pefile/blob/master/license
- phonenumbers
https://github.com/brick/phonenumber/blob/master/license
- pillow
https://github.com/python-pillow/Pillow/blob/main/LICENSE
- psycopg
https://www.psycopg.org/license/
- psycopg-binary
https://www.psycopg.org/license/
- pycryptodome
https://github.com/legrandin/pycryptodome/blob/master/license.rst
- pyinstaller
https://pyinstaller.org/en/stable/_sources/license.rst.txt
- pyinstaller-hooks-contrib
https://github.com/pyinstaller/pyinstaller-hooks-contrib/blob/master/license
- pyinstaller-versionfile
https://github.com/DudeNr33/pyinstaller-versionfile/blob/master/LICENSE
- pypng
https://gitlab.com/drj11/pypng/-/blob/main/licence
- pystray
https://github.com/moses-palmer/pystray/blob/master/COPYING
- pytz
https://github.com/newvem/pytz/blob/master/license.txt
- pywin32
https://spdx.org/licenses/psf-2.0.html
- pywin32-ctypes
https://github.com/enthought/pywin32-ctypes/blob/main/license.txt+
- pyyaml
https://github.com/yaml/pyyaml/blob/main/LICENSE
- qrcode
https://github.com/ricmoo/qrcode/blob/master/license.txt
- requests
https://github.com/psf/requests/blob/main/license
- six
https://github.com/benjaminp/six/blob/65486e4383f9f411da95937451205d3c7b61b9e1/license
- sqlparse
https://github.com/andialbrecht/sqlparse/blob/master/license
- typing-extensions
https://github.com/python/typing_extensions/blob/main/license
- tzdata
https://github.com/lau/tzdata/blob/master/license
- urllib3
https://github.com/urllib3/urllib3/blob/main/license.txt
- winshell
https://github.com/rootkral4/winshell/blob/main/license
- babel-runtime
https://github.com/babel/babel/blob/main/license
- bootstrap
https://github.com/twbs/bootstrap/blob/v5.3.3/license
- bootstrap-icons
https://github.com/uiwjs/bootstrap-icons/blob/master/license
- classnames
https://github.com/jedwatson/classnames/blob/head/license
- flowbite
https://github.com/themesberg/flowbite/blob/main/license.md
- fontsource-montserrat
https://github.com/fontsource/font-files/blob/main/license
- lodash
https://github.com/lodash/lodash/blob/main/license
- p5
https://github.com/processing/p5.js/blob/main/license.txt
- plotly.js
https://github.com/plotly/plotly.js/blob/master/license
- react
https://github.com/facebook/react/blob/main/license
- react-dom
https://github.com/react-dom/server/blob/master/license
- slickgrid
https://github.com/6pac/slickgrid/blob/master/license
- sortable
https://github.com/sortablejs/sortable/blob/master/license
TERM AND TERMINATION
====================
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement.
You may also terminate this Agreement by giving notice of such to the Company.
Upon termination of this Agreement, You shall cease all use of the Application and delete/uninstall all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
INDEMNIFICATION
===============
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your:
- use of the Application.
- violation of this Agreement or any law or regulation.
- violation of any right of a third party.
NO WARRANTIES
=============
The Application is provided to You "as is" and "as available" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied:
- as to the operation or availability of the Application, or the information, content, and materials or products included thereon.
- that the Application will be uninterrupted or error-free.
- as to the accuracy, reliability, or currency of any information or content provided through the Application.
- that the Application, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojans, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, shall be solely responsible for such warranty.
LIMITATION OF LIABILITY
=======================
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all the foregoing shall be limited to the amount actually paid by You for the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third party software and/or hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
SEVERABILITY
============
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
WAIVER
======
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
PRODUCT CLAIMS
==============
The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company is responsible for addressing any such claims, which may include, but not limited to:
- any product liability claims.
- any claim that the Application fails to conform to any applicable legal or regulatory requirement.
- any claim arising under consumer protection, or similar legislation.
CHANGES TO THIS AGREEMENT
=========================
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
GOVERNING LAW
=============
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
ENTIRE AGREEMENT
================
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.
CONTACT US
==========
If you have any questions about this Agreement, You can contact Us via the details on our contact page:
https://acumen.d2hadvancedtechnologies.com/contact/